CASA 269/97 - Approval under subregulation 207(2)

Overview

The Civil Aviation (Approval) Order 2005, enacted under Section 98 of the Civil Aviation Act 1988, addresses the specific requirements for the installation and operation of oxygen dispensing equipment on Australian aircraft. This legislation was introduced to ensure that aircraft are equipped with appropriate oxygen supplies and control mechanisms to maintain the safety of passengers and crew during flight, particularly in high-altitude environments where oxygen levels are significantly lower. The Civil Aviation Safety Authority (CASA) is the enacting body responsible for the approval of these instruments and equipment as per the Civil Aviation Regulations and Orders. The primary policy objective is to establish and maintain stringent safety standards for aircraft operations within Australia. The approval issued under this Order pertains to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-BLS, which must meet specific flow rate criteria depending on the altitude. This approval modifies the minimum flow rate requirements for these units, ensuring they are suitable for their intended use while maintaining compliance with safety standards.

Scope and Application

This legislation applies to aircraft registered in Australia, specifically the aircraft VH-BLS, and concerns the fitting of instruments and equipment as approved or directed by the Civil Aviation Safety Authority (CASA). The approval pertains to the use of nasal cannula type individual oxygen dispensing units that must meet certain flow rate criteria based on altitude. The geographic and jurisdictional reach of this Act is national, as it applies to all Australian aircraft and is administered by CASA under the Civil Aviation Act 1988. There are no exclusions or exemptions specified within the text; however, it is noted that different flow rate requirements apply for oxygen dispensing units designed to cover both the nose and mouth, which must be supplied in a specific ratio. The approval also mentions that it has been tabled as a disallowable instrument under regulation 5A, indicating that it is subject to parliamentary scrutiny and potential disallowance. The approval under subregulation 207(2) of the Civil Aviation Regulations and the associated orders and sections have been issued by a delegate of CASA, ensuring adherence to the established regulatory framework.

Key Provisions

The key provisions of this legislation pertain to the approval for specific oxygen dispensing units on aircraft, particularly those identified by the registration mark VH-BLS, in accordance with Civil Aviation Regulations and Orders. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to enact regulations, and under subregulation 207(2) of the Civil Aviation Regulations, aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). Section 20.18 of the Civil Aviation Orders specifies that oxygen must be stored and dispensing equipment must be installed in compliance with section 108.26 of the Orders, which includes requirements for minimum oxygen flow rates. This particular approval allows the use of nasal cannula type individual oxygen dispensing units on aircraft VH-BLS, provided that these units meet specific criteria such as a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. This legislation imposes specific obligations on the parties involved. Aircraft owners or operators must ensure that the oxygen dispensing units installed on their aircraft meet the requirements set forth in this approval. This includes confirming that the nasal cannula type units have the specified flow rate and that, above 18,000 feet, the aircraft must be equipped with units designed to cover both the nose and mouth. Furthermore, the legislation mandates that these latter units must be provided in a ratio of one for every fifteen oxygen dispensing units installed in the aircraft. These obligations are designed to ensure that the aircraft maintain adequate oxygen supplies for both passengers and crew at various altitudes. The legislation also outlines consequences for non-compliance. As per regulation 5A, a "prescribed direction or exemption" that affects the operation of anything in an Order is considered a disallowable instrument. This approval, which specifies a different minimum flow rate from that outlined in paragraph 6.1 of section 108.26, is deemed a prescribed direction or exemption and has been tabled as a disallowable instrument. Additionally, any failure to comply with the specified requirements can result in penalties or enforcement actions, although the exact penalties are not detailed in the provided text. The approval was issued by a delegate of CASA in accordance with regulation 7 of the Regulations, ensuring that it adheres to the established standards and oversight mechanisms within the civil aviation framework.